Judge’s Corner

Gift Certificates and Gift Cards Do Not Expire in Montana

Gift Certificates and Gift Cards Do Not Expire in Montana

Submitted by Judge Nicole M. Benefiel

With the holidays, many of us opt for gift certificates for the hard to buy for family member and/or loved ones.  For all those who gave and/or received gift certificates this holiday season and throughout the year for any variety of occasions, it’s great knowing that this is a gift that does not have a time limit and does not expire. The Montana Codes Annotated set forth this criteria in Section 30-14-108 MCA.

Section 30-14-108 M.C.A. Termination of gift certificate prohibited – fee limitation – redemption – posting required. (1) A gift certificate is valid until redemption and does not terminate. A gift certificate is considered trust property of the possessor if the issuer or seller of the gift certificate declares bankruptcy after issuing or selling the gift certificate.

(2) The value represented by the gift certificate belongs to the possessor and not to the issuer or seller. An issuer or seller may redeem a gift certificate presented by an individual whose name does not match the name on the gift certificate.

(3) A gift certificate may not be reduced in value by any fee, including a dormancy fee applied if a certificate is not used.

(4) If the original value of the gift certificate was more than $5 and the remaining value is less than $5 and the possessor requests cash for the remainder, the issuer or seller shall redeem the gift certificate for cash.

FUN FACT/WACKIEST LAWS: In Tennessee, you can shoot any game other than whales from a moving automobile.    

      



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